SF 808

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to traffic regulations; exempting motorized
foot scooters from tax and registration fees; changing
eligibility criteria for certain business panels;
defining motorized foot scooters and regulating their
use and operation; amending Minnesota Statutes 2004,
sections 160.80, subdivision 1a; 168.011, subdivision
27; 168.012, subdivision 1; 169.01, subdivision 4a, by
adding a subdivision; 171.01, subdivision 41;
proposing coding for new law in Minnesota Statutes,
chapter 169.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 160.80,
subdivision 1a, is amended to read:

Subd. 1a.

Eligibility criteria for business panels.

(a)
To be eligible for a business panel on a logo sign panel, a
business establishment must:

(1) be open for business;

(2) have a sign on site that both identifies the business
and is visible to motorists;

(3) be open to everyone, regardless of race, religion,
color, age, sex, national origin, creed, marital status, sexual
orientation, or disability;

(4) not impose a cover charge or otherwise require
customers to purchase additional products or services; and

(5) meet the appropriate criteria in paragraphs (b) to (e).

(b) Gas businesses must provide vehicle services including
fuel and oil; restroom facilities and drinking water;
continuous, staffed operation at least 12 hours a day, seven
days a week; and public access to a telephone.

(c) Food businesses must serve at least two meals a day
during normal mealtimes of breakfast, lunch, and dinner; provide
a continuous, staffed food service operation at least ten hours
a day, seven days a week except holidays as defined in section
645.44, subdivision 5, and except as provided for seasonal food
service businesses; provide seating capacity for at least 20
people; deleted text begin serve meals prepared on the premises; deleted text end and possess any
required state or local licensing or approval. deleted text begin Reheated,
prepackaged, ready-to-eat food is not "food prepared on the
premises." deleted text end Seasonal food service businesses must provide a
continuous, staffed food service operation at least ten hours a
day, seven days a week, during their months of operation.

(d) Lodging businesses must include sleeping
accommodations, provide public access to a telephone, and
possess any required state or local licensing or approval.

(e) Camping businesses must include sites for camping,
include parking accommodations for each campsite, provide
sanitary facilities and drinking water, and possess any required
state or local licensing or approval.

(f) Businesses that do not meet the appropriate criteria in
paragraphs (b) to (e) but that have a signed lease as of January
1, 1998, may retain the business panel until December 31, 2005,
or until they withdraw from the program, whichever occurs first,
provided they continue to meet the criteria in effect in the
department's contract with the logo sign vendor on August 1,
1995. After December 31, 2005, or after withdrawing from the
program, a business must meet the appropriate criteria in
paragraphs (a) to (e) to qualify for a business panel.

(g) Seasonal businesses must indicate to motorists when
they are open for business by either putting the full months of
operation directly on the business panel or by having a "closed"
plaque applied to the business panel when the business is closed
for the season.

(h) The maximum distance that an eligible business in
Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington
county can be located from the interchange is: for gas
businesses, one mile; for food businesses, two miles; for
lodging businesses, three miles; and for camping businesses, ten
miles.

(i) The maximum distance that an eligible business in any
other county can be located from the interchange shall not
exceed 15 miles in either direction.

(j) Logo sign panels must be erected so that motorists
approaching an interchange view the panels in the following
order: camping, lodging, food, gas.

(k) If there is insufficient space on a logo sign panel to
display all eligible businesses for a specific type of service,
the businesses closest to the interchange have priority over
businesses farther away from the interchange.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2004, section 168.011,
subdivision 27, is amended to read:

Subd. 27.

Motorized bicycle.

"Motorized bicycle" means a
bicycle that is propelled by deleted text begin a deleted text end new text begin an electric or a liquid fuel
new text end motor of a piston displacement capacity of 50 cubic centimeters
or less, and a maximum of two brake horsepower, which is capable
of a maximum speed of not more than 30 miles per hour on a flat
surface with not more than one percent grade in any direction
when the motor is engaged. "Motorized bicycle" includes an
electric-assisted bicycle as defined in section 169.01,
subdivision 4b.

Sec. 3.

Minnesota Statutes 2004, section 168.012,
subdivision 1, is amended to read:

Subdivision 1.

Vehicles exempt from tax, fees, or plate
display.

(a) The following vehicles are exempt from the
provisions of this chapter requiring payment of tax and
registration fees, except as provided in subdivision 1c:

(1) vehicles owned and used solely in the transaction of
official business by the federal government, the state, or any
political subdivision;

(2) vehicles owned and used exclusively by educational
institutions and used solely in the transportation of pupils to
and from those institutions;

(3) vehicles used solely in driver education programs at
nonpublic high schools;

(4) vehicles owned by nonprofit charities and used
exclusively to transport disabled persons for educational
purposes;

(5) ambulances owned by ambulance services licensed under
section 144E.10, the general appearance of which is
unmistakable; deleted text begin and
deleted text end

(6) new text begin motorized foot scooters as defined in section 169.01,
subdivision 4c; and
new text end

new text begin (7) new text end vehicles owned by a commercial driving school licensed
under section 171.34, or an employee of a commercial driving
school licensed under section 171.34, and the vehicle is used
exclusively for driver education and training.

(b) Vehicles owned by the federal government, municipal
fire apparatuses including fire-suppression support vehicles,
police patrols, and ambulances, the general appearance of which
is unmistakable, are not required to register or display number
plates.

(c) Unmarked vehicles used in general police work, liquor
investigations, or arson investigations, and passenger
automobiles, pickup trucks, and buses owned or operated by the
Department of Corrections, must be registered and must display
appropriate license number plates, furnished by the registrar at
cost. Original and renewal applications for these license
plates authorized for use in general police work and for use by
the Department of Corrections must be accompanied by a
certification signed by the appropriate chief of police if
issued to a police vehicle, the appropriate sheriff if issued to
a sheriff's vehicle, the commissioner of corrections if issued
to a Department of Corrections vehicle, or the appropriate
officer in charge if issued to a vehicle of any other law
enforcement agency. The certification must be on a form
prescribed by the commissioner and state that the vehicle will
be used exclusively for a purpose authorized by this section.

(d) Unmarked vehicles used by the Departments of Revenue
and Labor and Industry, fraud unit, in conducting seizures or
criminal investigations must be registered and must display
passenger vehicle classification license number plates,
furnished at cost by the registrar. Original and renewal
applications for these passenger vehicle license plates must be
accompanied by a certification signed by the commissioner of
revenue or the commissioner of labor and industry. The
certification must be on a form prescribed by the commissioner
and state that the vehicles will be used exclusively for the
purposes authorized by this section.

(e) Unmarked vehicles used by the Division of Disease
Prevention and Control of the Department of Health must be
registered and must display passenger vehicle classification
license number plates. These plates must be furnished at cost
by the registrar. Original and renewal applications for these
passenger vehicle license plates must be accompanied by a
certification signed by the commissioner of health. The
certification must be on a form prescribed by the commissioner
and state that the vehicles will be used exclusively for the
official duties of the Division of Disease Prevention and
Control.

(f) Unmarked vehicles used by staff of the Gambling Control
Board in gambling investigations and reviews must be registered
and must display passenger vehicle classification license number
plates. These plates must be furnished at cost by the
registrar. Original and renewal applications for these
passenger vehicle license plates must be accompanied by a
certification signed by the board chair. The certification must
be on a form prescribed by the commissioner and state that the
vehicles will be used exclusively for the official duties of the
Gambling Control Board.

(g) All other motor vehicles must be registered and display
tax-exempt number plates, furnished by the registrar at cost,
except as provided in subdivision 1c. All vehicles required to
display tax-exempt number plates must have the name of the state
department or political subdivision, nonpublic high school
operating a driver education program, or licensed commercial
driving school, plainly displayed on both sides of the vehicle;
except that each state hospital and institution for the mentally
ill and mentally retarded may have one vehicle without the
required identification on the sides of the vehicle, and county
social service agencies may have vehicles used for child and
vulnerable adult protective services without the required
identification on the sides of the vehicle. This identification
must be in a color giving contrast with that of the part of the
vehicle on which it is placed and must endure throughout the
term of the registration. The identification must not be on a
removable plate or placard and must be kept clean and visible at
all times; except that a removable plate or placard may be
utilized on vehicles leased or loaned to a political subdivision
or to a nonpublic high school driver education program.

Sec. 4.

Minnesota Statutes 2004, section 169.01,
subdivision 4a, is amended to read:

Subd. 4a.

Motorized bicycle.

"Motorized bicycle" means a
bicycle that is propelled by deleted text begin a deleted text end new text begin an electric or a liquid fuel
new text end motor of a piston displacement capacity of 50 cubic centimeters
or less, and a maximum of two brake horsepower, which is capable
of a maximum speed of not more than 30 miles per hour on a flat
surface with not more than one percent grade in any direction
when the motor is engaged. "Motorized bicycle" includes an
electric-assisted bicycle as defined in subdivision 4b.

Sec. 5.

Minnesota Statutes 2004, section 169.01, is
amended by adding a subdivision to read:

new text begin Subd. 4c. new text end

new text begin Motorized foot scooter. new text end

new text begin "Motorized foot
scooter" means a device with handlebars designed to be stood or
sat upon by the operator, and powered by an internal combustion
engine or electric motor that is capable of propelling the
device with or without human propulsion, and that has either (1)
no more than two ten-inch or smaller diameter wheels or (2) an
engine or motor that is capable of a maximum speed of 15 miles
per hour on a flat surface with not more than one percent grade
in any direction when the motor is engaged. An electric
personal assistive mobility device, a motorized bicycle, an
electric-assisted bicycle, or a motorcycle is not a motorized
foot scooter.
new text end

Sec. 6.

new text begin [169.225] MOTORIZED FOOT SCOOTER.
new text end

new text begin Subdivision 1. new text end

new text begin Application of traffic laws. new text end

new text begin Every person
operating a motorized foot scooter shall have all rights and
duties applicable to the operator of a bicycle, except in
respect to those provisions relating expressly to motorized foot
scooters and in respect to those provisions of law that by their
nature cannot reasonably be applied to motorized foot scooters.
new text end

new text begin Subd. 2. new text end

new text begin Sidewalk and passenger prohibition. new text end

new text begin No person
may operate a motorized foot scooter upon a sidewalk, except
when necessary to enter or leave adjacent property. No person
may operate a motorized foot scooter that is carrying any person
other than the operator.
new text end

new text begin Subd. 3. new text end

new text begin Minimum age for operator. new text end

new text begin No person under the
age of 12 years may operate a motorized foot scooter.
new text end

new text begin Subd. 4. new text end

new text begin Protective headgear. new text end

new text begin No person under the age of
18 years may operate a motorized foot scooter without wearing
properly fitted and fastened protective headgear that complies
with standards established by the commissioner of public safety.
new text end

new text begin Subd. 5. new text end

new text begin Required lighting equipment. new text end

new text begin A motorized foot
scooter must be equipped with a headlight and a taillight that
comply with standards established by the commissioner of public
safety if the vehicle is operated under conditions when vehicle
lights are required by law.
new text end

new text begin Subd. 6. new text end

new text begin Operation requirements and prohibitions. new text end

new text begin (a) A
person operating a motorized foot scooter on a roadway shall
ride as close as practicable to the right-hand curb or edge of
the roadway, except in the following situations:
new text end

new text begin (1) when overtaking and passing another vehicle proceeding
in the same direction;
new text end

new text begin (2) when preparing for a left turn, in which case the
operator shall stop and dismount at the right-hand curb or right
edge of the roadway, and shall complete the turn by crossing the
roadway on foot, subject to restrictions placed by law on
pedestrians; or
new text end

new text begin (3) when reasonably necessary to avoid impediments or
conditions that make it unsafe to continue along the right-hand
curb or edge, including, but not limited to, fixed or moving
objects, vehicles, bicycles, pedestrians, animals, surface
hazards, or narrow lanes.
new text end

new text begin (b) A person may operate a motorized foot scooter on a
bicycle path, bicycle lane, bicycle trail, or bikeway that is
not reserved for the exclusive use of nonmotorized traffic,
unless the local authority or governing body having jurisdiction
over that path, lane, trail, or bikeway prohibits operation by
law.
new text end

Sec. 7.

Minnesota Statutes 2004, section 171.01,
subdivision 41, is amended to read:

Subd. 41.

Motorized bicycle.

"Motorized bicycle" means a
bicycle that is propelled by deleted text begin a deleted text end new text begin an electric or a liquid fuel
new text end motor of a piston displacement capacity of 50 cubic centimeters
or less, and a maximum of two brake horsepower, which is capable
of a maximum speed of not more than 30 miles per hour on a flat
surface with not more than one percent grade in any direction
when the motor is engaged. "Motorized bicycle" includes an
electric-assisted bicycle as defined in section 169.01,
subdivision 4b.